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I hope I’m not about to ruin your post-holiday weekend euphoria and the short work week ahead, but September provides one last opportunity for Part 135 operators to avoid a major FAA compliance pitfall. Back in February the FAA published a policy notice that impacts any Part 135 operator that uses contract instructors and/or check airman.

As you might recall, a contract instructor or contract check airman providing services for a Part 135 operator must have completed at least one Part 135 air carrier’s initial training and qualification curriculum as a flight crew member. In February, the FAA required all Part 135 operators that use contract check instructors or check airman to conduct a records review of each individual used in these capacities.

Let’s be clear about the requirement: If you are a Part 135 air carrier and you use contract instructors and/or contract check airman, YOU must review each contract instructor and check airman’s training records to ensure they have received initial training from at least one Part 135 air carrier. The deadline was extended to September 30, 2013, to give air carriers a fair shot at complying with the requirement, but depending on how many contract instructors and contract check airman you use, this is still a heavy lift.

The FAA doesn’t seem to be fooling around on this one. There are a few nuances in the policy notice that sound rather ominous:

1. Notarized affidavit: If you are unable to obtain records for any reason, both the contract instructor/check airman and the requesting air carrier (you) must sign and have notarized an affidavit attesting to your attempt to obtain records. There’s no “Scout’s honor” clause – the FAA wants a notarized affidavit.

2. Return LOAs: If you are unable to confirm an instructor or check airman’s training before September 30, 2013, that instructor or check airman will be considered unqualified to provide your training or checking. You will be required to return that individual’s Letter of Authorization (LOA) to the FAA.

3. “Appropriate action”: “If, after [September 30, 2013], the POI finds that the air carrier or program manager has utilized unqualified contract instructors or contract check airman, the POI must take appropriate action.” Here the policy notice is referring to the POI rescinding the individual’s LOA, but there could be more significant “appropriate action”. Any training received from an instructor or check airman who is not technically qualified could be deemed noncompliant. Every Part 135 flight conducted by a pilot who was trained or checked by an unqualified instructor or check airman could be considered a regulatory violation. (I know this is a worst-case scenario, but I just can’t shake the feeling that some people in the FAA are looking to set an example to prove the agency is serious about these training issues.)

4. False statements: The FAA also used this policy notice as an opportunity to remind contract instructors and contract check airmen that providing fraudulent or false statements to the FAA could result in a fine, imprisonment, and/or certificate action. (Does the agency anticipate the industry will lie about this? To my knowledge, this isn’t standard policy notice and I twitched a bit when I got to this section. It’s not often the agency so deliberately calls out a “reminder” like this.)

Please don’t believe that the Part 142 training centers have everything wrapped up with a pretty bow for you and all you need to do is log on to their web portal on September 29 to check it out. The training centers might be right on the ball on this issue but it’s not their responsibility – it’s yours, the Part 135 certificate holder’s. And if there is an error or oversight with a contract instructor or contract check airman your organization uses, the liability is yours.

If you haven’t started reviewing your contract instructor and check airman records, DON’T DELAY. September 30 will be here before you know it.